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<br />SEP-22-1999 16:49 <br /> <br />S M CO PUBLIC WORKS <br /> <br />650 361 8220 <br /> <br />P.05/06 <br /> <br />City or me City's failure to perfonn obligations required of the City under Ibis agreement. <br /> <br />Likewise, the County shall indemnify, defend, and hold harmless the <br /> <br />City, irs officers, agents, and employees from all claims, damages, suits or actiom of every <br /> <br />name, kind, and description, arising out of or relating to the matters covered by this agreement <br /> <br />to the extent that such claims, suits or actions are due to the negligence or willful misconduct <br /> <br />of the County or the County's failure to perfonn obligations required of the County under this <br /> <br />agreement. <br /> <br />The duty to indemnify and hold harmless includes the duties to defend as <br /> <br />set fonh in Section 2778 of the California Civil Code. <br /> <br />The County shall require the Contractor to name the City, its officers, <br /> <br />agents, and employees and the County as additional insureds on all insurance documents for <br /> <br />this project and to include all work performed on behalf of the City in the bonds, warranties <br /> <br />and guaranties to be furnished by the Contractor. <br /> <br />The benefits arising under this Section 8 shall include the respective <br /> <br />directors, officers, employees and agents of the parties hereto. <br /> <br />10. <br /> <br />This agreement shall be binding upon the respective successors and <br /> <br />assigns of the parties hereto. <br /> <br />-4- <br />